38 SHIPPING PRACTICE
increased and his liabilities to be surrendered. Clauses
of this nature are prohibited by para. 8 of Article 3.
The provisions of these rules are not applicable to charter-
parties, but if bills of lading are issued, in the case of a
charter-party, they must comply with the terms of the
This provision may appear rather confusing, but it only
covers cases similar to a ship being chartered and then
placed on the loading berth to receive cargo. Many cases
of this nature are found when companies ninning regular
lines, by the damage or loss of a ship, find they must
charter a vessel to continue their service and then under the
period of the charter-party run the vessel on their regular
route. It will be seen that the charter-party between the
owner and charterer is outside the scope of the Act, but the
bill of lading contract between the charterer and his
shippers comes under the regulations of the Act, by reason
of the fact that the terms and conditions of the bill of
lading govern the contract of affreightment.
Where, however, a bill of lading is issued under a charter
party, and is subsequently negotiated to a third or fourth
party, from the time of the negotiation, the Act applies to
the bill of lading.
The final clause of Article 5 states that nothing in the
rules shall prevent the insertion of any lawful provision
regarding general average in the bills of lading.
Article 6. Notwithstanding the previous articles, carrier,
master, or his agent, and a shipper may in respect of parti-
cular goods, be at liberty to enter into any agreement in any
terms as to responsibilities and liabilities, and rights and
immunities or obligations as to seaworthiness, provided it
is not contrary to the public policy, and provided no bill of
lading has been issued and the terms shall be embodied in a
noo-oegotkble receipt, which shall be marked as such.
Provided that this article shall not apply to ordinary corn-
menial shiptaents, but only to other shipments when the
character or condition of the property is such as reasonably
to justify a special agreement.